| 1 | 1 | | 86R760 KJE-F |
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| 2 | 2 | | By: Menéndez S.B. No. 97 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of the criminal offense of unlawful |
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| 8 | 8 | | disclosure or promotion of intimate visual material. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 21.16(b), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (b) A person commits an offense if: |
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| 13 | 13 | | (1) without the effective consent of the depicted |
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| 14 | 14 | | person and with the intent to harm that person, the person |
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| 15 | 15 | | [intentionally] discloses visual material depicting another person |
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| 16 | 16 | | with the person's intimate parts exposed or engaged in sexual |
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| 17 | 17 | | conduct; |
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| 18 | 18 | | (2) the person knows or has reason to believe that the |
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| 19 | 19 | | visual material was obtained by the person or created under |
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| 20 | 20 | | circumstances in which the depicted person had a reasonable |
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| 21 | 21 | | expectation that the visual material would remain private; |
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| 22 | 22 | | (3) the disclosure of the visual material causes harm |
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| 23 | 23 | | to the depicted person; and |
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| 24 | 24 | | (4) the disclosure of the visual material reveals the |
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| 25 | 25 | | identity of the depicted person in any manner, including through: |
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| 26 | 26 | | (A) any accompanying or subsequent information |
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| 27 | 27 | | or material related to the visual material; or |
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| 28 | 28 | | (B) information or material provided by a third |
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| 29 | 29 | | party in response to the disclosure of the visual material. |
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| 30 | 30 | | SECTION 2. The change in law made by this Act applies only |
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| 31 | 31 | | to an offense committed on or after the effective date of this Act. |
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| 32 | 32 | | An offense committed before the effective date of this Act is |
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| 33 | 33 | | governed by the law in effect on the date the offense was committed, |
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| 34 | 34 | | and the former law is continued in effect for that purpose. For |
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| 35 | 35 | | purposes of this section, an offense was committed before the |
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| 36 | 36 | | effective date of this Act if any element of the offense was |
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| 37 | 37 | | committed before that date. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2019. |
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